Research On Legal Issues Of Approval System For University Statute

Statute of universities is the foundation for managing universities dependent on law, assuring running schools independently and establishing the modern university system. Now the academe has many research about establishing university statute, but the research of approval system for the statute is less discussed. According to the current laws and regulations, draft of the university 's statute should be approved by the education administrative departments, then shall be legally effective. Thus the approval of the education administrative departments decides whether drafts could be formal ones. But currently there are still many emergent problems to be resolved yet in the approval system for the university statute. This paper analyzes these issues and explores the statute enforcement system between government and university, in order to achieve better university autonomy.Firstly, analysis of basics of university statute constitutes the foundation of this paper. Empirical analysis methods are adopted to analyze the body, procedures and standards of the approval system for the university statute, to depict current status of approval system and to define the legal character of the approval system.Secondly, based on analysis of the basics of the approval system and the properties of the approval action, some issues are identified of following three aspects: the approval system's impact on the government and university, operation mechanism of the approval system and the approval system's impact on the effectiveness of the statute. Conclusion is drawn that the current approval system for university statute is not fully effective to guarantee university autonomy.Lastly, with the analysis on the approval system, referring to approval system for the university statute HK and overseas universities, with domestic educational legislation compared to actual situation, dialectical analysis is adopted for feasible solution. Finally, through discussion of effectuation system for university statute under soft law principles, a conclusion is drawn that the approval system for the university statute should be abolished, the register system for the university statute should be established.